HEMANT GUPTA vs UNION BANK OF INDIA

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th, August, 2025 + CM(M) 427/2025 & CM APPL. 13036/2025 & CM APPL. 13039/2025 HEMANT GUPTA .....Petitioner Through: Mr. Raman Kapur, Senior Advocate with Mr. Rony John, Advocates versus UNION BANK OF INDIA .....Respondent Through: Mr. Samarendra Kumar, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Plaintiff/petitioner herein Mr. Hemant Gupta has filed a suit seeking recovery of Rs. 34,14,951/-. According to averments made in the plaint, he was on the panel of the bank and the recovery is with respect to his professional fees. 2. Suit was filed as if it was raising a “commercial dispute”. 3. However, when learned Commercial Court took up the matter on 27.07.2024, it directed the suit to be returned as it was not falling with the ambit and scope of commercial dispute as defined under Section 2 (1)(c) of Commercial Courts Act, 2015. 4. Fact remains that the learned Trial Court did not invoke its power under Order VII Rule 10A CPC and when review application was filed under Section 114 CPC seeking, inter alia, transfer of the suit to a regular Court, such application was dismissed vide order dated 10.09.2024. Signature Not Verified Digitally Signed CM(M) 427/2025 1 By:DINESH CHANDRA Signing Date:27.08.2025 19:46:46 5. Such orders are under challenge. 6. Learned counsel for respondent bank has also been heard. 7. Pleadings are complete though issues were yet to be framed when the suit was directed to be returned. 8. Taking holistic view of the matter and while noticing that there is no embargo to invoke power under Section 24 CPC, the present petition is disposed of with the direction that instead of suit being returned, the suit in question i.e. CS (Comm) No. 1395/2022 Hemant Gupt